Davis v. Apperience Corporation et al

Filing 44

ORDER DENYING 39 MOTION TO DISMISS AS MOOT AND VACATING HEARING.(whalc2, COURT STAFF) (Filed on 8/18/2014).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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JACK DAVIS, individually and on behalf
of all others similarly situated,
No. C 14-00766 WHA
Plaintiff,

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v.

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ORDER DENYING MOTION
TO DISMISS AS MOOT AND
VACATING HEARING

APPERIENCE CORPORATION, a
Cayman Islands corporation d/b/a IOBIT,
and BLUESPRIG, INC., a Delaware
corporation d/b/a IOBIT,
Defendants.

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/

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On July 25, 2014, defendants filed a motion to dismiss the complaint (Dkt. No. 39). On

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August 15, 2014, however, plaintiff filed an amended complaint (Dkt. No. 43). Federal Rule of

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Civil Procedure 15(a)(1)(B) permits the filing of this amended complaint, as it was done within

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21 days after defendants’ motion to dismiss.

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Because our court of appeals has stated that “an amended pleading supersedes the

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original,” defendants’ motion to dismiss is DENIED AS MOOT. Hal Roach Studios, Inc. v.

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Richard Feiner and Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989). The hearing on September

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18, 2014, is accordingly VACATED. This is without prejudice to any fresh motion that

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defendants may bring to dismiss the amended complaint.

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IT IS SO ORDERED.
Dated: August 18, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE